All your resources at your fingertips.Learn More
9 July 2012
Employment Appeal Tribunal
HHJ McMullen QC
Dismissals and re-engagement following a TUPE transfer in order to harmonise terms and conditions of employment are automatically unfair; and the remedy could be re-engagement on the original terms of employment, even if the employees have accepted the new terms.
The College successfully bid for Offender Learning Contracts from the Learning and Skills Council. On discovering costs they had not previously appreciated, they sought to save costs by harmonizing terms and conditions of employment. The employees did not agree, so they were dismissed and offered re-engagement on revised terms. The employees accepted the new terms but brought proceedings for unfair dismissal.
The reason for the dismissal was connected with the transfer. It was not for an ‘economic, technical or organizational reason entailing changes in the workforce'. The dismissals were therefore automatically unfair. The tribunal, upheld by the EAT, ordered re-engagement on the original terms.
To view the case transcript, you must subscribe to Jordans Employment Law Online (if you already subscribe click here to log in).
To request a free trial click here and select Jordans Employment Law online from the drop down menu
"exceptional value for money in today's challenging legal environment" John Mitton, PG Legal
The practical, reliable and easy-to-use guide on running your charity